Sachar & Kalita

In *Sachar & Kalita*, heard by Gill J, the applicant father and respondent mother sought the transfer of property proceedings and child-related matters concerning the second respondent back to the Federal Circuit Court.

The court was required to determine whether to exercise its discretion under section 33B of the *Family Law Act 1975* (Cth) to transfer either the property proceedings or the child-related proceedings, or both, back to the Federal Circuit Court.

Gill J reasoned that it was undesirable to split proceedings between the Family Court and the Federal Circuit Court, particularly in circumstances where the matters had already been transferred to the Family Court. The court considered the particular circumstances of the case and concluded that it was not in the interests of justice to return either the property proceedings or the child-related matter to the Federal Circuit Court.

Consequently, the court ordered that neither the property proceedings nor the child-related matter would be transferred back to the Federal Circuit Court, and the matter was relisted for directions.